Hazardous Waste Management System; Testing and Monitoring Activities

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 264, and 265

[FRL-5263-3]

Hazardous Waste Management System; Testing and Monitoring

Activities

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is

proposing to revise certain testing methods used in complying with the

requirements of subtitle C of the Resource Conservation and Recovery

Act (RCRA) of 1976, as amended. EPA also is proposing to add several

new testing methods that may be used in complying with the requirements

of subtitle C of RCRA. These new and revised methods, designated as

Update III, are proposed to be added to the Third Edition of the EPA-

approved test methods manual ``Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,'' EPA Publication SW-846. In addition, EPA

proposes to delete several obsolete methods from SW-846 and the RCRA

regulations. The intent of this action is to provide state-of-the-art

analytical technologies for RCRA-related testing and thus promote cost

effectiveness in choosing analytical test methods.

DATES: Comments on this proposed rule must be submitted on or before

September 25, 1995.

ADDRESSES: The public should submit an original and two copies of their

comments on this proposed rule to the Docket Clerk (OS-305), U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460. The official record for this rulemaking (Docket No. F-95-WT3P-

FFFFF) is located at the above address in Room M-2616, and is available

for viewing from 9 a.m. to 4 p.m., Monday through Friday, excluding

Federal holidays. The public must make an appointment to review docket

materials by calling (202) 260-9327. The public may copy a maximum of

100 pages of material from any one regulatory docket at no cost;

additional copies cost $0.15 per page.

Copies of the Third Edition of SW-846, as amended by Updates I, II,

IIA, and IIB, and the proposed Update III are part of the official

docket for this rulemaking, and also are available from the

Superintendent of Documents, Government Printing Office (GPO),

Washington, DC 20402, (202) 512-1800. The GPO document number is 955-

001-00000-1. Copies of the Third Edition and its updates are also

available from the National Technical Information Service (NTIS), 5285

Port Royal Road, Springfield, VA 22161, (703) 487-4650.

FOR FURTHER INFORMATION CONTACT: For general information contact the

RCRA Hotline at (800) 424-9346 (toll free) or call (703) 412-9810; or,

for hearing impaired, call TDD (800) 553-7672 or TDD (703) 412-3323.

For technical information, contact Kim Kirkland or Barry Lesnik, Office

of Solid Waste (5304), U.S. Environmental Protection Agency, 401 M

Street, SW., Washington, DC 20460, (202) 260-4761.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority

II. Background Summary and Regulatory Framework

III. Proposal

A. Revised Methods and Chapters

B. New Methods

C. Deletion of Obsolete Methods

D. Request for Comment Only on Certain Sections of Method 9095A

E. Deleting References to Method 8240 in Secs. 264.1034(d)(iii)

and (f), 264.1063(d)(2), 265.1034(d)(1)(iii) and (f), and

265.1063(d)(2)

IV. State Authority

V. Regulatory Analyses

A. Executive Order 12866

B. Unfunded Mandates Reform Act

C. Regulatory Flexibility Act

D. Paperwork Reduction Act

I. Authority

These regulations are being promulgated under the authority of

sections 1006, 2002(a), 3001-3007, 3010, 3013-3018, and 7004 of the

Solid Waste Disposal Act, as amended by the Resource Conservation and

Recovery Act of 1976 (commonly known as RCRA), as amended (42 U.S.C.

6905,

[[Page 37975]]

6912(a), 6921-6927, 6930, 6934-6939, and 6974).

II. Background Summary and Regulatory Framework

EPA Publication SW-846, ``Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods,'' contains the analytical and test methods

that EPA has evaluated and found to be among those acceptable for

testing under subtitle C of the Resource Conservation and Recovery Act

(RCRA) and that are required for specific regulations as discussed

below. These methods are intended to promote accuracy, sensitivity,

specificity, precision, and comparability of analyses and test results.

In situations where the regulations require the use of appropriate SW-

846 methods, the regulations specify use of the Third Edition of EPA's

SW-846 manual as amended by Updates I, II, IIA, and IIB. SW-846 will be

amended further to include the new and revised methods contained in

this proposed Update III, and to delete those methods deemed obsolete

in this proposal, if this proposal is adopted in final form.

Several of the hazardous waste regulations under subtitle C of RCRA

require that specific testing methods described in SW-846 be employed

for certain applications. Any reliable analytical method may be used to

meet other requirements in 40 CFR parts 260 through 270. Listed below

are a number of provisions found in 40 CFR parts 260 through 270 that

require use of a specific method for a particular application, or the

use of appropriate SW-846 methods in general:

(1) Section 260.22(d)(1)(i)--Submission of data in support of

petitions to exclude a waste produced at a particular facility (i.e.,

delisting petitions);

(2) Section 261.22(a)(1) and (2)--Evaluation of a waste against the

corrosivity characteristic;

(3) Section 261.24(a)--Leaching procedure for evaluation of a waste

against the toxicity characteristic;

(4) Section 261.35(b)(2)(iii)(A)--Testing rinsates from wood

preserving cleaning processes;

(5) Sections 264.190(a), 264.314(c), 265.190(a), and 265.314(d)--

Evaluation of a waste to determine if free liquid is a component of the

waste;

(6) 264.1034(d)(1)(iii) and 265.1034(d)(1)(iii)--Testing total

organic concentration for monitoring compliance with air emission

standards for process vents;

(7) 264.1063(d)(2) and 265.1063(d)(2)--Testing total organic

concentration for monitoring compliance with air emission standards for

equipment leaks;

(8) Section 266.106(a)--Analysis in support of compliance with

standards to control metals emissions from burning hazardous waste in

boilers and industrial furnaces;

(9) Section 266.112(b)(1) and (2)(i)--Certain analyses in support

of exclusion from the definition of a hazardous waste of a residue

which was derived from burning hazardous waste in boilers and

industrial furnaces;

(10) Section 268.32(i)--Evaluation of a waste to determine if it is

a liquid for purposes of certain land disposal prohibitions;

(11) Sections 268.40(a), (b) and (f), 268.41(a), and 268.43(a)--

Leaching procedure for evaluation of waste extract to determine

compliance with land disposal treatment standards;

(12) Section 268.7(a)--Leaching procedure for evaluation of a waste

to determine if the waste is restricted from land disposal;

(13) Sections 270.19(c)(1)(iii) and (iv), and 270.62(b)(2)(i)(C)

and (D)--Analysis and approximate quantification of the hazardous

constituents identified in the waste prior to conducting a trial burn

in support of an application for a hazardous waste incineration permit;

and

(14) Sections 270.22(a)(2)(ii)(B) and 270.66(c)(2)(i) and (ii)--

Analysis conducted in support of a destruction and removal efficiency

(DRE) trial burn waiver for boilers and industrial furnaces burning

low-risk wastes, and analysis and approximate quantification conducted

for a trial burn in support of an application for a permit to burn

hazardous waste in a boiler and industrial furnace.

In other situations, SW-846 functions as a guidance document

setting forth acceptable, although not required, methods to be

implemented by the user, as appropriate, in responding to RCRA-related

sampling and analysis requirements.

SW-846 is a document that changes over time as new information and

data are developed. Advances in analytical instrumentation and

techniques are continually reviewed by the Agency and periodically

incorporated into SW-846 to support changes in the regulatory program

and to improve method performance. Update III represents such an

incorporation. Therefore, EPA solicits any available data and

information that may affect the usefulness of SW-846.

III. Proposal

A. Revised Methods and Chapters

The Agency is today proposing to revise several methods contained

in the Third Edition 1 of SW-846 and its Updates I, II, IIA, and

IIB, as incorporated by reference into 40 CFR 260.11(a). These proposed

revisions would improve the methods and provide additional performance

information for each method. The Agency is also proposing to revise SW-

846 Chapters Two, Three, Four, Five, Six, and Ten to incorporate new

methods and method revisions into SW-846.

\1\ For an exception, see footnote number 1 of Table 1.

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Table 1 lists the 37 methods and the six chapters that are proposed

for revision. The revised methods and chapters are available from the

Government Printing Office (GPO) and the National Technical Information

Service (NTIS), and are part of the official docket for this

rulemaking. For comparison purposes, original versions of the methods

and chapters before these revisions can be found in Docket Nos. F-93-

WTMF-FFFFF (Third Edition and Update I) and F-94-WT2F-FFFFF (Update

II). The revised methods of proposed Update III can be found in Docket

No. F-95-WT3P-FFFFF. Those with SW-846 subscriptions can refer to their

copies of the Third Edition of SW-846 as amended by Updates I, II, IIA,

and IIB; and to their copy of proposed Update III. The Agency is

soliciting comments on all parts of each revised method, with the

exception of Method 9095A for the reasons explained in section III.D of

this proposed rule.

In its ongoing program to promote pollution prevention, the Agency

notes that eighteen (see method numbers identified by an asterisk in

Table 1) of the organic sample preparatory and cleanup methods which

are proposed to be revised in Update III of SW-846 utilize a modified

Kuderna-Danish (K-D) apparatus to concentrate sample extracts and

minimize the evaporation of extraction solvents into the air.

Specifically, the modified K-D apparatus in these methods includes a

solvent recovery system. The recovered solvent can be properly disposed

instead of released to the air as previously done. (Note: The K-D

apparatus found in new Methods 3535 and 3542 of proposed Update III

also include this pollution prevention improvement.)

[[Page 37976]]

B. New Methods

The Agency is today proposing to add 61 new methods to the Third

Edition of SW-846 (Table 2). If finalized, these new methods will

provide additional flexibility in method selection and also may be used

during the analyses of some analytes for which other SW-846 methods may

be less than adequate performers. These new methods are available from

GPO and NTIS, and are part of the official docket for this rulemaking.

The Agency is soliciting comments on all sections of these methods.

EPA's Office of Solid Waste is also considering adopting the

Environmental Monitoring Management Council (EMMC) format for use with

new SW-846 methods in a future proposed revision (other than Update

III) to SW-846. As part of its efforts to promote consolidation and

integration between EPA Program Offices, the EMMC developed the

consensus format for analytical methods. The Agency plans to consider

adopting this format to be consistent with an intra-agency effort to

achieve uniformity in analytical method format among all Agency

programs. The use of this new format for new methods of SW-846 will be

proposed per comment in a future rulemaking. The Agency is not

soliciting comment at this time on its plans to adopt the EMMC format.

C. Deletion of Obsolete Methods

The Agency is also proposing today to delete sixteen obsolete

methods (Table 3) from the Third Edition of SW-846, for the reasons

delineated in the following paragraphs. The Agency is soliciting

comments on the removal of the methods from SW-846.

Fourteen packed column gas chromatographic (GC) methods are

proposed for deletion from SW-846 because they have been superseded by

capillary column methods or other method techniques that provide better

resolution, selectivity and sensitivity. Capillary columns have an

inherently greater ability to separate analytes than packed columns. A

survey performed in 1991 found that few analysts actually use packed

columns in their laboratories anymore (Environmental Science and

Technology, 26, 1285-1287, 1992). These packed column GC methods are

also proposed for deletion to be consistent with other Agency program

offices, e.g., the Office of Water, which has withdrawn packed column

methods from its list of approved drinking water methods (see 59 FR

62456, December 5, 1994).

Method 9200, the brucine-sulfanilamide method for nitrate

determination, is proposed for deletion because it generates unreliable

results. It was recently demonstrated to be unreliable by both the

Agency's Environmental Monitoring Systems Laboratory in Cincinnati

(EMSL-Ci) and the American Water Works Association (AWWA). The unstable

nature of the analytical reagents and excessively tight temperature

control requirements were among the factors contributing to the

method's unreliability. In fact, on December 15, 1993 (58 FR 65622),

the Agency proposed to remove Method 353.1 (EPA 600/4-79-020, ``Methods

for the Chemical Analysis of Water and Wastes'') which contains a

brucine-sulfanilic acid procedure. Method 419 D, a brucine-sulfanilic

acid method, was also removed by the American Water Works Association

from the publication ``Standard Methods for the Examination of Water

and Wastewater'', Fifteenth Edition. Therefore, to be consistent with

these and any other related Agency actions, the Agency is proposing to

remove Method 9200 from SW-846. In the rare cases where nitrate is a

target analyte for RCRA-related analyses, the regulated community may

use Method 9056--The Determination of Inorganic Anions by Ion

Chromatography (currently in SW-846). Another appropriate method may be

Method 9210--Nitrate in Aqueous Samples by Ion-Selective Electrode,

which is a proposed Update III method and listed in Table 2 of this

notice. Alternative methods are also available from other sources,

including, but not limited to, the ``Annual Book of ASTM Methods''

(American Society for Testing and Materials, Philadelphia, PA);

``Standard Methods for the Examination of Water and Wastewater''

(Eighteenth Edition, 1992, American Public Health Association, the

American Water Works Association, and the Water Environment Federation,

Washington, DC); and the Office of Water methods manual ``Methods for

the Chemical Analysis of Water and Wastes'' (EPA, March 1983, NTIS

PB84-128677)

Method 9252A--Chloride (Titrimetric, Mercuric Nitrate) is proposed

to be deleted from SW-846 as part of the Agency's ongoing efforts to

promote pollution prevention measures. Although the method does give

reliable results, it can generate a mercury-containing RCRA hazardous

waste, which may cause disposal or contamination problems for the

laboratory. Several alternative methods for the determination of

chloride are available both in SW-846 (e.g., Methods 9250, 9251 and

9253) and from other sources including, but not limited to, the

``Annual Book of ASTM Methods'' (American Society for Testing and

Materials, Philadelphia, PA), ``Standard Methods for the Examination of

Water and Wastewater'' (Eighteenth Edition, 1992, American Public

Health Association, the American Water Works Association, and the Water

Environment Federation, Washington, DC), and the Office of Water

methods manual, ``Methods for the Chemical Analysis of Water and

Wastes'' (EPA, March 1983, NTIS PB84-128677).

D. Request for Comment Only on Certain Sections of Method 9095A

Revised Method 9095A (``Paint Filter Liquids Test'') contains

revisions to sections 6.2, 7.2, 7.3 and 7.4 that provide direction on

how to prepare sorbent materials that do not conform to the shape of

the paint filter. This direction is intended to facilitate use of the

method for the testing of containerized liquids to which sorbents have

been added before land disposal. The Agency adopted Method 9095A for

this purpose on November 18, 1992 (see 57 FR 54452, the ``Liquids in

Landfills'' rule). Method 9095A also contains a new section 3.2 which

clarifies use of the method during freezing conditions. The Agency is

requesting comment only on the sections of Method 9095A listed above,

is not requesting comment on other sections of the method (which were

not revised), and is also not requesting comment on method

appropriateness for free liquid determinations.

E. Deleting References to Method 8240 in Secs. 264.1034(d)(iii) and

(f), 264.1063(d)(2), 265.1034(d)(1)(iii) and (f), and 265.1063(d)(2)

The Agency is proposing to delete all references to Method 8240

(Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry) of

SW-846 found in 40 CFR 264.1034(d)(1)(iii) and (f), 264.1063(d)(2),

265.1034(d)(1)(iii) and (f), and 265.1063(d)(2) of the RCRA

regulations. The Agency is proposing this action because a method

involving the determination of volatile organic compounds (e.g., Method

8240 or 8260) is not an appropriate method alternative for the total

organic carbon analysis addressed by 40 CFR 264.1034(d)(1)(iii) and

(f), 264.1063(d)(2), 265.1034(d)(1)(iii) and (f), and 265.1063(d)(2),

since it exhibits no direct correlation with analytical results

obtained using Method 9060. In addition, Method 8240 is a packed column

method and, for the reasons

[[Page 37977]]

explained in section III.C of this proposal, the Agency is removing

Method 8240 (and all other packed column methods) from SW-846.

Table 1.--List of Proposed Revised Methods and Chapters

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Method No. Title

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Chapter Two--Choosing the Correct Procedure

Chapter Three--Metallic Analytes

Chapter Four--Organic Analytes

Chapter Five--Miscellaneous Test Methods

Chapter Six--Properties

Chapter Ten--Sampling Methods

3040A..... Dissolution Procedure for Oils, Greases, or Waxes

3050B..... Acid Digestion of Sediments, Sludges, and Soils

3060A \1\. Alkaline Digestion for Hexavalent Chromium

3500B..... Organic Extraction and Sample Preparation

3510C*.... Separatory Funnel Liquid-Liquid Extraction

3520C*.... Continuous Liquid-Liquid Extraction

3540C*.... Soxhlet Extraction

3550B*.... Ultrasonic Extraction

3600C..... Cleanup

3610B*.... Alumina Cleanup

3611B*.... Alumina Column Cleanup and Separation of Petroleum Wastes

3620B*.... Florisil Cleanup

3630C*.... Silica Gel Cleanup

3650B*.... Acid-Base Partition Cleanup

3660B*.... Sulfur Cleanup

3665A*.... Sulfuric Acid/Permanganate Cleanup

4010A..... Screening for Pentachlorophenol by Immunoassay

5030B..... Purge-and-Trap for Aqueous Samples

5041A..... Analysis of Sorbent Cartridges from Volatile Organic

Sampling Train (VOST): Capillary GC/MS Technique

6010B..... Inductively Coupled Plasma--Atomic Emission Spectroscopy

8000B..... Determinative Chromatographic Separations

8015B..... Nonhalogenated Organics Using GC/FID

8021B..... Halogenated Volatiles by Gas Chromatography Using

Photoionization and Electrolytic Conductivity Detectors in

Series: Capillary Column Technique

8032A*.... Acrylamide by Gas Chromatography

8061A*.... Phthalate Esters by Capillary Gas Chromatography with

Electron Capture Detection (GC/ECD)

8070A*.... Nitrosamines by Gas Chromatography

8081A..... Organochlorine Pesticides by Capillary Column Gas

Chromatography

8151A*.... Chlorinated Herbicides by GC Using Methylation or

Pentafluorobenzylation Derivatization: Capillary Column

Technique

8260B..... Volatile Organic Compounds by Gas Chromatography/Mass

Spectrometry (GC/MS): Capillary Column Technique

8270C..... Semivolatile Organic Compounds by Gas Chromatography/Mass

Spectrometry (GC/MS): Capillary Column Technique

8275A..... Semivolatile Organic Compounds (PAHs and PCBs) in Soils/

Sludges and Solid Wastes Using Thermal Extraction/Gas

Chromatography/Mass Spectrometry (TE/GC/MS)

8280A*.... The Analysis of Polychlorinated Dibenzo-p-dioxins and

Polychlorinated Dibenzofurans by High Resolution Gas

Chromatography/Low Resolution Mass Spectrometry (HRGC/LRMS)

8315A*.... Determination of Carbonyl Compounds by High Performance

Liquid Chromatography (HPLC)

8321A*.... Solvent Extractable Non-Volatile Compounds by High

Performance Liquid Chromatography/Thermospray/Mass

Spectrometry (HPLC/TS/MS) or Ultraviolet (UV) Detection

9012A..... Total and Amenable Cyanide (Colorimetric, Automated UV)

9050A..... Specific Conductance

9095A..... Paint Filter Liquids Test (sections 3.2, 6.2, 7.2, 7.3, and

7.4)

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Note: A suffix of ``A'' in the method number indicates revision one (the

method has been revised once). A suffix of ``B'' in the method number

indicates revision two (the method has been revised twice). A suffix

of ``C'' in the method number indicates revision three (the method has

been revised three times).

* Indicates method revisions which include a modification to a Kuderna-

Danish (K-D) apparatus to promote pollution prevention.

\1\ Method 3060, ``Alkaline Digestion for Hexavalent Chromium,'' was in

the Second Edition of SW-846, but was not included in SW-846, Third

Edition, due to perceived poor performance. The method has since been

extensively studied, modified, and validated, and Method 3060A is now

being proposed for inclusion as a revised method to SW-846.

Table 2.--List of New Methods Proposed for Addition to SW-846

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Method No. Title

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0011...... Sampling for Formaldehyde Emissions from Stationary Sources

0023A \1\. Sampling Method for Polychlorinated Dibenzo-p-Dioxins and

Polychlorinated Dibenzofuran Emissions from Stationary

Sources

0031...... Sampling Method for Volatile Organic Compounds (SMVOC)

0040...... Sampling of Principal Organic Hazardous Constituents from

Combustion Sources Using Tedlar Bags

0050...... Isokinetic HCl/Cl2 Emission Sampling Train

0051...... Midget Impinger HCl/Cl2 Emission Sampling Train

0060...... Determination of Metals in Stack Emissions

0061...... Determination of Hexavalent Chromium Emissions from

Stationary Sources

0100...... Sampling for Formaldehyde and Other Carbonyl Compounds in

Indoor Air

1030...... Ignitability of Solids

1120...... Dermal Corrosion

3031...... Acid Digestion of Oils for Metals Analysis by FLAA or ICP

Spectroscopy

3052...... Microwave Assisted Acid Digestion of Siliceous and

Organically Based Matrices

3535*..... Solid Phase Extraction (SPE)

3542*..... Extraction of Semivolatile Analytes Collected Using Modified

Method 5 (Method 0010) Sampling Train

3545...... Accelerated Solvent Extraction (ASE)

3560...... Supercritical Fluid Extraction of Total Recoverable

Petroleum Hydrocarbons (TRPH)

3561...... Supercritical Fluid Extraction of Polynuclear Aromatic

Hydrocarbons

3585...... Waste Dilution for Volatile Organics

4000...... Immunoassay

4015...... Screening for 2,4-Dichlorophenoxyacetic Acid by Immunoassay

4020...... Screening for Polychlorinated Biphenyls by Immunoassay

4030...... Soil Screening for Petroleum Hydrocarbons by Immunoassay

4035...... Soil Screening for Polynuclear Aromatic Hydrocarbons (PAHs)

by Immunoassay

4040...... Soil Screening for Toxaphene by Immunoassay

4041...... Soil Screening for Chlordane by Immunoassay

4042...... Soil Screening for DDT by Immunoassay

4050...... TNT Explosives in Water and Soils by Immunoassay

4051...... Hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX) in Soil and

Water by Immunoassay

[[Page 37978]]

5000...... Sample Preparation for Volatile Organic Compounds

5021...... Volatile Organic Compounds in Soils and Other Solid Matrices

Using Equilibrium Headspace Apparatus

5031...... Volatile, Nonpurgeable, Water-Soluble Compounds by

Azeotropic Distillation

5032...... Volatile Organic Compounds by Vacuum Distillation

5035...... Closed-System Purge-and-Trap and Extraction for Volatile

Organics in Soil and Waste Samples

7063...... Arsenic in Aqueous Samples and Extracts by Anodic Stripping

Voltammetry (ASV)

7199...... Determination of Hexavalent Chromium in Drinking Water,

Groundwater and Industrial Wastewater Effluents by Ion

Chromatography

7472...... Mercury in Aqueous Samples and Extracts by Anodic Stripping

Voltammetry (ASV)

7521...... Nickel (Atomic Absorption, Furnace Method)

7580...... White Phosphorus (P4) by Solvent Extraction and Gas

Chromatography

8033...... Acetonitrile by Gas Chromatography with Nitrogen-Phosphorus

Detection

8041...... Phenols by Gas Chromatography: Capillary Column Technique

8082...... Polychlorinated Biphenyls (PCBs) by Capillary Column Gas

Chromatography

8091...... Nitroaromatics and Cyclic Ketones: Capillary Column

Technique

8111...... Haloethers: Capillary Column Technique

8131...... Aniline and Selected Derivatives by GC: Capillary Column

Technique

8325...... Solvent Extractable Non-Volatile Compounds by High

Performance Liquid Chromatography/Particle Beam/Mass

Spectrometry (HPLC/PB/MS)

8332...... Nitroglycerine by High Performance Liquid Chromatography

8430...... Analysis of Bis(2-chloroethyl)ether Hydrolysis Products by

Direct Aqueous Injection GC/FT-IR

8440...... Total Recoverable Petroleum Hydrocarbons by Infrared

Spectrophotometry

8515...... Colorimetric Screening Method for Trinitrotoluene (TNT) in

Soil

8520...... Continuous Measurement of Formaldehyde in Ambient Air

9023...... Extractable Organic Halides (EOX) in Solids

9057...... Determination of Chloride from HCl/HCl2 Emission Sampling

Train (Methods 0050 and 0051) by Anion Chromatography

9078...... Screening Test Method for Polychlorinated Biphenyls in Soil

9079...... Screening Test Method for Polychlorinated Biphenyls in

Transformer Oil

9210...... Potentiometric Determination of Nitrate in Aqueous Samples

with Ion-Selective Electrode

9211...... Potentiometric Determination of Solubilized Bromide in

Aqueous Samples with Ion-Selective Electrode

9212...... Potentiometric Determination of Chloride in Aqueous Samples

with Ion-Selective Electrode

9213...... Potentiometric Determination of Solubilized Cyanide in

Aqueous Samples and Distillates with Ion-Selective

Electrode

9214...... Potentiometric Determination of Fluoride in Aqueous Samples

with Ion-Selective Electrode

9215...... Potentiometric Determination of Sulfide in Aqueous Samples

and Distillates with Ion-Selective Electrode

------------------------------------------------------------------------

*Includes a Kuderna-Danish (K-D) apparatus with a solvent recovery

system to promote pollution prevention.

\1\ This method is an updated version of the ``Method 23'' currently

found in 40 CFR part 60, Appendix A. Therefore, the Agency has added

the ``A'' suffix to indicate that Method 0023A of SW-846 is revised

from Method 23 of 40 CFR part 60.

Table 3.--List of Methods Proposed for Removal from SW-846

------------------------------------------------------------------------

Method No. Title

------------------------------------------------------------------------

5040A..... Analysis of Sorbent Cartridges from Volatile Organic

Sampling Train (VOST): Gas Chromatography/Mass Spectrometry

Technique

8010B..... Halogenated Volatile Organics by Gas Chromatography

8020A..... Aromatic Volatile Organics by Gas Chromatography

8030A..... Acrolein and Acrylonitrile by Gas Chromatography

8040A..... Phenols by Gas Chromatography

8060...... Phthalate Esters

8080A..... Organochlorine Pesticides and Polychlorinated Biphenyls by

Gas Chromatography

8090...... Nitroaromatics and Cyclic Ketones

8110...... Haloethers by Gas Chromatography

8120A..... Chlorinated Hydrocarbons by Gas Chromatography

8140...... Organophosphorus Pesticides

8150B..... Chlorinated Herbicides by Gas Chromatography

8240B..... Volatile Organics by Gas Chromatography/Mass Spectrometry

(GC/MS)

8250A..... Semivolatile Organic Compounds by Gas Chromatography/Mass

Spectrometry (GC/MS)

9200...... Nitrate

9252A..... Chloride (Titrimetric, Mercuric Nitrate)

------------------------------------------------------------------------

Note: A suffix of ``A'' in the method number indicates revision one (the

method has been revised once). A suffix of ``B'' in the method number

indicates revision two (the method has been revised twice).

IV. State Authority

Today's rule, if promulgated, will provide standards that are not

immediately effective in authorized States since the requirements are

being imposed pursuant to pre-HSWA authority. See RCRA section 3006.

The requirements will be applicable only in those States that do not

have interim or final authorization. In authorized States, the

requirements will not be applicable until the State revises its program

to adopt equivalent requirements under State law. Procedures and

deadlines for State program revisions are set forth in 40 CFR 271.21.

40 CFR 271.3 sets forth the requirements a State must meet when

submitting its final authorization application.

V. Regulatory Analyses

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), EPA

must determine whether a regulatory action is ``significant'' and

therefore subject to OMB review and the requirements of the Executive

Order. The Order defines ``significant regulatory action'' as one that

is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

[[Page 37979]]

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

The Agency has determined that this rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review and the requirements of the

Executive Order.

B. Unfunded Mandates Reform Act

Under section 202 of the Unfunded Mandates Reform Act of 1995 (the

Act), Pub. L. 104-4, which was signed into law on March 22, 1995, EPA

generally must prepare a written statement for rules with Federal

mandates that may result in estimated costs to State, local, and tribal

governments in the aggregate, or to the private sector, of $100 million

or more in any one year. When such a statement is required for EPA

rules, under section 205 of the Act EPA must identify and consider

alternatives, including the least costly, most cost-effective or least

burdensome alternative that achieves the objectives of the rule. EPA

must select that alternative, unless the Administrator explains in the

final rule why it was not selected or it is inconsistent with law.

Before EPA establishes regulatory requirements that may significantly

or uniquely affect small governments, including tribal governments, it

must develop under section 203 of the Act a small government agency

plan. The plan must provide for notifying potentially affected small

governments, giving them meaningful and timely input in the development

of EPA regulatory proposals with significant Federal intergovernmental

mandates, and informing, educating, and advising them on compliance

with the regulatory requirements.

EPA has determined that this rule does not include a Federal

mandate that may result in estimated costs of $100 million or more to

State, local, and tribal governments in the aggregate, or to the

private sector, in any one year. This is due to the fact that this rule

simply revises available test methods for complying with existing

regulatory requirements, and in most cases, the SW-846 test methods are

provided as guidance, not requirements. Even where the use of a

specific test method is required, the Agency does not believe that the

revised methods will result in significant cost increases and indeed,

most of the revised methods are expected to result in reduced costs.

For example, new immunoassay methods can be run in the field, replacing

expensive gas chromatographic laboratory work; this will allow for more

and faster sampling, helping to reduce the cost of cleanups. Thus,

today's notice is not subject to the written statement requirements in

sections 202 and 205 of the Act.

As for section 203 of the Act, today's rule is not expected to have

any ``unique'' effects on small governments; the only expected effects

on a small government would be where that government is itself managing

hazardous wastes, and is using one or more test methods for complying

with RCRA regulations. Further, for the reasons set out in the prior

paragraph, the revised test methods would not be expected to have a

``significant'' effect on small governments (or other users of test

methods). Thus, today's notice is not subject to the requirements of

section 203 of the Act.

C. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. section

601-612, Pub. L. 96-354, September 19, 1980), whenever an agency

publishes a General Notice of Rulemaking for any proposed or final

rule, it must prepare and make available for public comment a

regulatory flexibility analysis (RFA) that describes the impact of the

rule on small entities (i.e., small businesses, small organizations,

and small governmental jurisdictions). No regulatory flexibility

analysis is required, however, if the head of the Agency certifies that

the rule will not have a significant impact on a substantial number of

small entities.

This rule will not require the purchase of new instruments or

equipment. The regulation requires no new reports beyond those now

required. This rule will not have an adverse economic impact on small

entities since its effect will be to provide greater flexibility and

utility to all of the regulated community, including small entities, by

providing an increased choice of appropriate analytical methods for

RCRA applications. Therefore, in accordance with 5 U.S.C. section

605(b), I hereby certify that this rule will not have a significant

economic impact on a substantial number of small entities. Thus, the

regulation does not require an RFA.

D. Paperwork Reduction Act

There are no additional reporting, notification, or recordkeeping

provisions associated with today's proposed rule. Such provisions, were

they included, would be submitted for approval to the Office of

Management and Budget (OMB) under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq.

List of Subjects

40 CFR Part 260

Environmental protection, Administrative practice and procedure,

Confidential business information, Hazardous waste, Incorporation by

reference.

40 CFR Part 264

Hazardous waste, Insurance, Packaging and containers, Reporting and

recordkeeping requirements, Security measures, Surety bonds.

40 CFR Part 265

Hazardous waste, Insurance, Packaging and containers, Reporting and

recordkeeping requirements, Security measures, Surety bonds, Water

supply.

Dated: May 25, 1995.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste and Emergency Response.

For the reasons set out in the preamble, title 40, Chapter I, of

the Code of Federal Regulations is amended as set forth below:

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

1. The authority citation for part 260 continues to read as

follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,

6937, 6938, 6939, and 6974.

Subpart B--Definitions

2. Section 260.11 (a) is amended by revising the ``Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods'' reference to read

as follows:

Sec. 260.11 References.

(a) * * *

``Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods,'' EPA Publication SW-846 [Third Edition (November 1986), as

amended by Updates I (July, 1992), II (September, 1994), IIA

(August, 1993), IIB (January, 1995), and III]. The Third Edition of

SW-846 and Updates I, II, IIA, IIB, and III (document number 955-

001-00000-1) are available from the Superintendent of Documents,

U.S. Government Printing Office, Washington, DC 20402, (202) 512-

1800. Copies of the Third Edition and its updates are also available

from the National Technical Information Service (NTIS), 5285 Port

Royal Road, Springfield, VA 22161, (703) 487-4650. Copies may be

inspected at the Library, U.S. Environmental Protection Agency, 401

M Street SW., Washington, DC 20460.

* * * * *

[[Page 37980]]

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

3. The authority citation for part 264 continues to read as

follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

Subpart AA--Air Emission Standards for Process Vents

4. Section 264.1034 is amended by revising paragraphs (d)(1)(iii)

and (f) to read as follows:

Sec. 264.1034 Test methods and procedures.

* * * * *

(d) * * *

(1) * * *

(iii) Each sample shall be analyzed and the total organic

concentration of the sample shall be computed using Method 9060 of SW-

846 (incorporated by reference under Sec. 260.11 of this chapter).

* * * * *

(f) When an owner or operator and the Regional Administrator do not

agree on whether a distillation, fractionation, thin-film evaporation,

solvent extraction, or air or steam stripping operation manages a

hazardous waste with organic concentrations of at least 10 ppmw based

on knowledge of the waste, an appropriate procedure referenced in

Sec. 260.11(a) of this chapter may be used to resolve the dispute.

* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

5. Section 264.1063 is amended by revising paragraph (d)(2) to read

as follows:

Sec. 264.1063 Test methods and procedures.

* * * * *

(d) * * *

(2) Method 9060 of SW-846 (incorporated by reference under

Sec. 260.11 of this chapter); or

* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

6. The authority citation for part 265 continues to read as

follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, and 6936,

unless otherwise noted.

Subpart AA--Air Emission Standards for Process Vents

7. Section 265.1034 is amended by revising paragraphs (d)(1)(iii)

and (f) to read as follows:

Sec. 265.1034 Test methods and procedures.

* * * * *

(d) * * *

(1) * * *

(iii) Each sample shall be analyzed and the total organic

concentration of the sample shall be computed using Method 9060 of SW-

846 (incorporated by reference under Sec. 260.11 of this chapter).

* * * * *

(f) When an owner or operator and the Regional Administrator do not

agree on whether a distillation, fractionation, thin-film evaporation,

solvent extraction, or air or steam stripping operation manages a

hazardous waste with organic concentrations of at least 10 ppmw based

on knowledge of the waste, an appropriate procedure referenced in

Sec. 260.11(a) of this chapter may be used to resolve the dispute.

* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

8. Section 265.1063 is amended by revising paragraph (d)(2) to read

as follows:

Sec. 265.1063 Test methods and procedures.

* * * * *

(d) * * *

(2) Method 9060 of SW-846 (incorporated by reference under

Sec. 260.11 of this chapter); or

* * * * *

[FR Doc. 95-18257 Filed 7-24-95; 8:45 am]

BILLING CODE 6560-50-P